Food Act 2014

Details of the food sectors subject to food control plans are provided in Part 3 of this schedule. Sections 349 and 350 exempt certain persons covered by the Animal Products Act 1999 and the Wine Act 2003 from the requirement to operate under an applicable risk-based measure (such as a food control plan).

Examples are provided in Part 3 of this schedule for the purpose of clarifying the general description of food sectors. The examples do not comprise an exhaustive list of all food types or businesses in a sector to which this schedule applies.

The food control plans to which the food sectors in this schedule are subject may include all activities undertaken by the business that are listed in Schedule 2 or 3. If the food business chooses not to cover all the activities in their food control plan, then they must operate their business under a combination of risk-based measures as provided for in section 25(2)(b). For example, transport can be covered under a national programme level 1 as described under the heading Transporters or distributors of food products in Part 5 of Schedule 2.

The following provides a summary of food sectors that are subject to food control plans under this schedule:

In this schedule, unless the context otherwise requires, shelf-stable, in relation to food, means that—

This food sector covers food businesses that prepare or manufacture food for direct retail sale to consumers (other than as part of the food service sector).

Examples include but are not limited to—

• bakeries that prepare or manufacture and sell slices, pies, cakes, or pastries:

• dairies that prepare or manufacture and sell muffins, sandwiches, or filled rolls:

• fishmongers that prepare and sell fish:

• retail butchers that prepare and sell raw meat or ready-to-eat smallgoods:

• supermarkets that have an on-site butchery, bakery, or delicatessen.

This food sector does not include—

• bakeries that prepare or manufacture bread and bread products only (subject to national programme level 2):

• wholesale bakeries (subject to food control plans or national programme level 2):

• food businesses covered by food service sectors specified in any of Schedules 1 to 3:

• manufacturers of meat, poultry, or fish products (subject to food control plans):

• mobile or vehicle-based businesses that prepare or manufacture meals, snacks or beverages (included in the food service sector and subject to food control plans):

• other categories of retailers listed in Schedules 2 and 3:

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

This food sector covers food businesses that prepare or manufacture and serve meals, snacks, or beverages for consumers’ immediate consumption—

• at the place (for example, a restaurant or a hospital):

• on home delivery:

• when taken away (that is, takeaways including fish and chips):

• at a venue other than where the food was prepared (including meals that are cooked, chilled, or served elsewhere for catering purposes):

• from mobile or vehicle-based businesses that prepare or manufacture meals, snacks, or beverages, including catering on airlines. A mobile or vehicle-based business in this context includes a business operating from any kiosk, movable stand, mobile shop, vehicle, or similar movable structure.

Distinguishing features of food businesses in this food sector are that they—

• prepare or manufacture and serve food that is ready to eat at the place or to be taken away to be eaten in the vicinity without necessarily requiring any further preparation or handling by consumers:

• have a service focus.

Examples include but are not limited to—

• bars, cafes, and restaurants:

• food businesses that prepare or prepare and deliver pizza or other takeaway meals:

• corporate or commercial catering, including on a marae:

• hospitals, hospices, and other residential care facilities such as rest homes:

• providers of catering services, including at defence, prison, and educational facilities.

This food sector does not include—

• early childhood education service providers that undertake minimal food handling only (as specified in Schedule 3):

• food provided to children as part of home-based early childhood education services (as specified in Schedule 3):

• food service catering of a specified nature (as specified in Schedule 3):

• food service provided to preschool children (including children under 5 years of age) in a centre-based service setting (subject to national programme level 2):

• food service provided by clubs, organisations, and societies for members or their guests or both (as specified in Schedule 3):

• food service provided by accommodation providers only to guests (as specified in Schedule 3):

• food trading at annual events (as specified in Schedule 3):

• retailers of food that do not have a service focus and are listed elsewhere in this schedule and in Schedules 2 and 3.

This food sector covers food businesses that prepare or manufacture commercially sterilised canned, bottled, pouched, or aseptically packaged food products. It includes food sterilised in the pack, or sterilised and packaged aseptically.

Examples include but are not limited to food businesses that prepare or manufacture—

• commercially sterilised soups and stocks:

• low-acid canned foods.

This food sector does not include—

• food businesses that prepare or manufacture jams (included in the manufacturers of shelf-stable condiments sector and subject to national programme level 2):

• food businesses that prepare or manufacture non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings (subject to food control plans):

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

This food sector covers food businesses that prepare or manufacture products derived from dairy material or dairy product and that consist principally of dairy material or product (as described under the Animal Products Act 1999). This sector only includes operators who are exempt from the requirement to operate under a risk management programme by clause 8A of the Animal Products (Exemptions and Inclusions) Order 2000. This includes production for the domestic market or Australia only.

Examples include but are not limited to food businesses that prepare or manufacture—

• cottage cheese:

• cheese:

• yoghurt:

• cream:

• ice cream:

• milk (for example, pasteurised or ultra-heat-treated).

This food sector does not include—

• food businesses that prepare or manufacture products such as dips, sauces, spreads, or dressings that do not consist principally of dairy material or product (subject to food control plans or national programme level 2):

• food businesses that prepare or manufacture formulated caffeinated beverages or alcoholic beverages (subject to national programme level 3):

• manufacturers of oils or fats for human consumption that do not consist principally of dairy material or product (subject to national programme level 3):

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003):

• retailers of soft-serve and scooped ice creams for immediate consumption (included in the food service and retail sector and subject to template food control plans or national programme level 3).

This food sector covers food businesses that prepare or manufacture food products specifically targeted, designed, or developed for consumption by vulnerable populations.

Vulnerable populations include—

• children under 5 years of age:

• people over 65 years of age:

• pregnant women:

• people with compromised immune systems.

Examples include but are not limited to food businesses that prepare or manufacture—

• baby foods:

• food for infants, for example, puree, rusks, or baby cereals:

• infant formula products:

• chilled or frozen meals specifically targeted to vulnerable populations.

This food sector does not include—

• food businesses that prepare or manufacture and serve meals, snacks or beverages for immediate consumption by vulnerable populations (included in the food service sector and subject to food control plans):

• food businesses that prepare or manufacture and serve meals, snacks, or beverages for consumption by children under 5 years of age in non-residential (day) care settings (subject to national programme level 2):

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

This food sector covers food businesses that prepare or manufacture fresh salads that can be eaten in the form in which they are sold. The salads are purchased in packaging and do not require further preparation, such as washing or rinsing, by the consumer before consumption.

Examples include but are not limited to food businesses that prepare or manufacture—

• fruit salads:

• green salads:

• rice salads.

This food sector does not include—

• food businesses that prepare and serve fresh salads for immediate consumption (included in the food service sector and subject to food control plans):

• food businesses that minimally process horticultural food (included in the producers of horticultural food or horticultural packing operations sector and subject to national programme level 1). Minimal processing includes (but is not limited to) processes such as rinsing, trimming, shelling, and post-harvest treatments (for example, packing, storing, and transport).

This food sector covers food businesses that prepare or manufacture chilled, frozen, and shelf-stable meals or prepared foods that may or may not require reheating before consumption. A prepared food is intended to cover a large array of frozen, chilled, and shelf-stable food products.

Examples include but are not limited to food businesses that prepare or manufacture—

• frozen, chilled, or shelf-stable ready meals or TV dinners:

• frozen, chilled, or shelf-stable desserts:

• frozen or chilled fruit and vegetables (or their products) that have undergone more than sorting, washing, and minimal heating:

• fresh pasta.

This food sector does not include—

• food businesses that prepare or manufacture—

  • frozen or chilled egg products (included in the manufacturers of processed egg products sector and subject to food control plans):

  • frozen or chilled vegetable protein products or products made from similar proteins (included in the manufacturers of vegetable proteins or other protein products sector and subject to food control plans):

  • frozen fruit or vegetables (subject to national programme level 2):

  • ice or iced confectionery and iced desserts (included in the manufacturers of water-based products sector and subject to national programme level 2):

  • ice cream and yoghurts (included in the manufacturers of dairy products sector and subject to food control plans):

  • non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings (subject to food control plans):

  • wholesale bakeries (subject to food control plans or national programme level 2):

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

This food sector covers food businesses that prepare or manufacture meat, poultry, or fish products at any stage beyond primary processing as defined by the Animal Products Act 1999. This includes processes such as (but not limited to) cutting, boning, smoking, drying, or fermentation after slaughter and dressing (mammals and birds) or harvesting (seafood). Products may be ready to eat or may require cooking before consumption.

Examples include but are not limited to food businesses that prepare or manufacture—

• minced meat or poultry:

• formed products (for example, nuggets, or fish fingers):

• further processed meat products (for example, smallgoods, salami, or smoked products).

This food sector does not include—

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003):

• retail butchers and fishmongers (included in the food retail sector and subject to food control plans).

This food sector covers food businesses that prepare or manufacture chilled or frozen sauces, spreads, dips, soups, broths, gravies, or dressings. Products may or may not require heating before consumption.

This food sector does not include—

• food businesses that prepare or manufacture—

  • dairy products (subject to food control plans):

  • margarine and vegetable oils (included in the manufacturers of oils or fats for human consumption sector and subject to national programme level 3):

  • shelf-stable condiments (subject to national programme level 2):

• persons that are exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

This food sector covers wholesale bakeries making more than just bread, biscuits, or other shelf-stable products.

Examples include but are not limited to food businesses that prepare or manufacture—

• cakes:

• pastry:

• pies, savouries, or pastry-based bakery products.

This food sector does not include—

• bakeries that prepare or manufacture bread or bread products only (subject to national programme level 2):

• food businesses that prepare or manufacture shelf-stable grain-based products (subject to national programme level 2):

• retail bakeries or on-site bakeries in supermarkets that prepare or manufacture a variety of baked products (included in the food retail sector and subject to food control plans).

This food sector covers food businesses that prepare or manufacture products made from the whole, or part, of the content of eggs. Other ingredients may be added to an egg product (for example, seasonings) provided that the egg product remains the main ingredient or component.

Examples include but are not limited to food businesses that prepare or manufacture—

• dried egg products:

• pasteurised egg pulp products:

• further processed egg products (for example fried eggs, pickled eggs, or smoked eggs).

This food sector does not include—

• food businesses that prepare or manufacture products that include an egg product as an ingredient, but where the egg product is not the main component or ingredient:

• commercially produced non-shelf-stable egg-based sauces such as mayonnaise and hollandaise (included in the manufacturers of non-shelf-stable sauces, spreads, dips, soups, broths, gravies, or dressings sector and subject to food control plans):

• commercially produced shelf-stable egg-based sauces such as mayonnaise and hollandaise (included in the manufacturers of shelf-stable condiments, including sauces, spreads, or preserves sector and subject to national programme level 2):

• persons exempt from the requirement to have a food control plan under sections 349 (certain persons covered by the Animal Products Act 1999) and 350 (certain persons covered by the Wine Act 2003).

Covers food businesses that prepare or manufacture products from vegetable proteins or products made from similar proteins. It includes dried, cooked, fried, or fermented products, and curd (whether or not shelf-stable).

Examples include but are not limited to food businesses that prepare or manufacture—

• tofu:

• meat alternatives:

• miso:

• yeast extract:

• non-dairy yoghurt.

This food sector does not include food businesses that prepare or manufacture—

• soy crisps (included in the manufacturers of crisps, popcorn, pretzels, or similar snack products sector and subject to national programme level 2):

• soy infant formula products (included in the manufacturers of food for vulnerable populations sector and subject to food control plans):

• soy sauces (included in the manufacturers of shelf-stable condiments sector and subject to national programme level 2):

• commercially sterilised beverages such as soy milk or oat milk (included in the manufacturers of commercially sterilised food products sector and subject to food control plans).